The Human Rights Defender deems necessary to clarify that the appropriate method for verifying recently published information about the cases of torture and other ill-treatment is initiating criminal proceedings. The disciplinary proceeding is not a sufficient response from the state to the information to these acts.
If an administrative proceeding regarding the same case is conducted in the respective body (the Police, Penitentiary Service, etc.), it cannot substitute criminal proceedings under any circumstances. In other words, criminal proceedings should be conducted in any case regardless of whether the disciplinary proceeding has been initiated or not. Moreover, according to the criteria of the European Committee for the Prevention of Torture, information containing clear evidence of torture should be primarily addressed to the Prosecutor’s Office, which must ensure the initiation of criminal proceedings and supervise the legality of those proceedings carried out by the investigation body.
The Human Rights Defender's Office initiated discussion procedure based on recent public information containing evidence of torture or other ill-treatment. Corresponding official letters were addressed to the criminal prosecution authorities, and clarifications on the measures taken were requested.